THANUSH Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The respective Petitioners have filed these respective Petitions to suspend the sentence imposed against them by the learned II Additional Special Judge for NDPS Act Cases, Madurai in C.C. No.365 of 2021 by Judgment, dtd. 27/4/2023 and to enlarge them on Bail pending disposal of the Criminal Appeals.

(2.) The brief facts of the Prosecution case: PW1-Sub-Inspector of Police, Tirumangalam Police Station received a secret information on 24/4/2021 at about 11.00 a.m. that there were selling Ganja in an Auto near Maravankulam Kanmoi of Thirumangalam. After obtaining permission from Inspector of Police, on the same day at 11.30 a.m. PW1 and his team of Police officials along with instruments went to the occurrence place, i.e., Maravankulam Kanmoi near Byepass Bridge. The Petitioners/Accused Nos.1 & 2 were trying to run by getting down from Auto bearing Registration No.TN-58-V-7848 and Police party surrounded and caught hold of Accused Nos.1 & 2. The PW2 made search upon Consent Letter obtained from Accused Nos.1 & 2 and upon search, Accused Nos.1 & 2 found in possession of 30 Kgs of Ganja and seized them in the presence of Witnesses. PW2 took two samples of 50 grams each and repacked the remaining Ganja. PW2 arrested the Accused and returned to Police Station and registered case in Crime No.164 of 2021 for the offence under Sec. 8(c) read with 20(b)(ii)(C) and 29(1) of NDPS Act. PW4 did investigation and laid Charge-sheet against the Petitioners/Accused Nos.1 & 2. The Accused were charged under Ss. 8(c) read with 20(b)(ii)(C) of NDPS Act.

(3.) To prove the charge, the prosecution examined 4 Witnesses as PW1 to PW4 and marked 10 Exhibits as Ex.P1 to Ex.P10 and MO1 to M.O.10 were marked. DW1 to DW5 were examined on the accused side and Ex.D1 to Ex.D3 were marked. After considering both sides evidences and both side arguments, the Trial Court has found the Petitioners/Accused Nos.1 & 2 guilty for the offence under Ss. 8(c) read with 20(b)(ii)(C) of NDPS Act and convicted and sentenced to undergo Rigorous Imprisonment for a period of 10 years each and to pay a Fine of Rs.1,00,000.00 (Rupees One lakh only) each, in default, to undergo Simple Imprisonment for a period of 12 months each and directing the period of incarceration already undergone under Sec. 428 of Cr.P.C. by passing impugned Judgment, dtd. 27/4/2023.